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Wednesday, January 18, 2012

Marjorie Orbin's Appeal

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This is the book about Marjorie Orbin

AZ Court of Appeals

Marjorie Orbin, the subject of my book, WHAT SHE ALWAYS WANTED, is a very confident woman. From the Maricopa County Jail, and later from an Arizona state prison, she would write to me that she “knew” she would prevail upon appeal. In fact, shortly after her sentencing, she wrote me that she expected to be out of prison in “a year and a half.”

Well, she has just had the second anniversary of that sentencing, but she’s still behind bars. Because the Arizona Court of Appeals has denied her wish for a new trial.

If you have read WHAT SHE ALWAYS WANTED, you know that there were numerous problems with Marjorie’s trial. Bizarre, unforeseen twists and turns in that proceeding gave Marjorie and her supporters room to hope that the whole shebang would be tossed on the slag heap and she could try all over again with a shiny new jury who had never heard of her.

But Marjorie may have failed to consider the intricate subtleties of law. In a unanimous three judge decision, all the troubles that plagued Marjorie’s trial have been deemed, in one way or another, irrelevant to the outcome.

Marjorie Orbin w/ a CBS camera

Perhaps the most publicity-oriented complaint Marjorie and her attorneys had about her trial centered on video tapes that were used by the TV show 48 Hours. In an episode they named “Diary of a Showgirl,” the case of Marjorie Orbin played out frame by frame. As described in WHAT SHE ALWAYS WANTED, an angry hearing took place after the show in which Marjorie’s lawyers unsuccessfully argued some home videos in Diary of a Showgirl should have been given to them to use in the trial, not to a TV crew to use on the air.

The Court of Appeals has ruled that, first, the tapes were never in the possession of the prosecution but only in that of Jake Orbin, Jay’s brother. Jake qualified as Jay’s heir and executor and, under the law, a victim of the crime. He had no obligation to turn the tapes over. Moreover, “the court found Defendant had personal knowledge of the existence of the tapes yet never requested them until after the verdicts.” This very point was made, in my presence, by Judge Anderson himself at the original hearing. How could the tapes have been “undisclosed” when Marjorie herself knew about them all along? After all, she appears in them! The Court of Appeals, as did Judge Anderson, seemed to consider it some kind of mendacious gamesmanship that the defense would ignore the tapes until the trial was over, the verdict was in, and some strangers happened to put them on TV.

The other big ticket item was the investigation of then Homicide Detective Dave Barnes. The court ruled that this spectacle, as eyebrow-raising and unusual as it was, did not “go the foundation of [Marjorie’s] case.” They also said Judge Anderson’s handling of the calamity did not impair any of her rights.

Former detective Dave Barnes

​Okay, so there was another big ticket item: Prosecutorial Misconduct. This was a complicated affair that you’ll have to read the book to unravel, I don’t have enough space here. But the three appellate judges studied it and concluded, “We find no abuse of discretion.”

On another issue, one in which Marjorie’s defense was trying to blame Marjorie’s former lover for the murder--a defense known as “3rd party culpability”--the court ruled the defense’s position was “an incorrect statement of the law and would have misled the jury.”

And finally, Marjorie’s lawyers had argued about expert testimony that they had wanted disclosed much earlier. Of note to those also following the sweat lodge trial, the trial court basically ruled that the prosecutor botching a timely disclosure does not magically create reversible error. In several pages of legalese, the Court of Appeals spelled out that while the prosecution had, indeed, botched it, the trial court made sure the defense ultimately had ample time to review and present the material. No harm, no foul.

Marjorie has other appeal options open to her. The process will continue. But she has missed her goal of being out “in a year and a half.” And the Orbin family is spared the ordeal of going through a whole new trial.

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29 comments:

I honestly feel as though this book brought Marjorie's bizarre personality -- throughout her entire lifetime -- into extreme focus for the reader (in a way that "48 Hours" did not, due to time limitations).

Before reading this book I had thought Marjorie was a classic narcissist and gold digger, but clearly that's not the case.

For example, there are countless situations in this book where Marjorie -- as smart as she is -- is unable to respond in a humanly acceptable manner; not because she's not smart enough, but because she lacks an understanding of normal human emotions.

(a narcissist can respond with proper emotions which fit any given situation, whereas a sociopath cannot)

Many sociopaths are extremely smart so they can fake emotions pretty well by copying other people (e.g. expressing sadness at funerals by copying other people, etc). However, because sociopaths (like Marjorie) don't have normal human emotions they can't always respond to "unexpected situations" (i.e. questions/requests which catch them off guard) with a proper emotional response that fits the situation in a human-like manner.

This entire story is filled with Marjorie's interactions with family, friends and police which catch her off guard and result in Marjorie digging herself into an ever deeper hole with every word she utters.

I mean, she couldn't have drawn more attention to herself even if she had detonated a nuclear bomb on her front porch. lol.

When police told her that Jay's corpse was found with a key in the pocket she just shook her head, not a huge deal. ...But when police told her that Bank of America had frozen Jay's bank accounts (and cut off her access to money) she started shedding REAL tears in front of police.

Watching Marjorie try to navigate her way through the police investigation is like watching the 3 stooges in action, except that in this case there's only 1 stooge.

Thank you very much, Anonymous. Your analysis is very interesting and I'm sure others who visit this site will be fascinated, too. Sounds like you may have some training in this area? Thanks for sharing it here. I did try to let Marjorie's personality speak for itself in the book. I appreciate your kind remarks. There is more material here on her, be sure to find the post with her love letter in it. Letter

They kind of seem way over-the-top and meant for obvious manipulation of Larry (in the form of flattery, appeal to ego, appeal for pity).

The real question is, why write those letters? What can Larry give her? Youth? no. Wealth? no. Help dispose of Jay? I don't believe that for a second, no evidence of that.

Sounds to me as though Marjorie was just being practical and using her pendulum theory to trap husband #8 with her over the top writing skills (he wasn't the greatest or the worst man alive, just somebody to take care of her financially).

Marjorie's reason for having that pendulum theory is rather obvious, by the way. Men who are super rich or super good looking cannot be "controlled" or "manipulated" by Marjorie nearly as easily as average men (since rich or handsome men can get other beautiful women simply by snapping their fingers).

Michael J Peter is a classic example since he kicked her by the wayside in the 90's (romantically at least) as I'm sure other rich or good looking men did. I suspect she sought to prevent that from happening again, hence her pendulum theory was born. I don't think there's anything "deep" about her pendulum theory, it's just a defense mechanism to keep her in control.

Oh, that itching powder allegation was particularly amusing.

But I have a hard time believing it's true. Maybe McMann was exaggerating. LOL.

Just watched an episode on Investigation Discovery (ID) "Scorned:Love Kills" about this case. One thing sticks out in my mind. In the show one of the detectives states that her lover was never considered a suspect but I read here and other places that he avoided prosecution by testifying against Marjorie. Which is true? They are going to repeat the episode in a few minutes so I will watch it again to make sure I heard right.

I am reposting this from the appeal page. This is a more appropriate place for it.

Just watched an episode on Investigation Discovery (ID) "Scorned:Love Kills" about this case. One thing sticks out in my mind. In the show one of the detectives states that her lover was never considered a suspect but I read here and other places that he avoided prosecution by testifying against Marjorie. Which is true? They are going to repeat the episode in a few minutes so I will watch it again to make sure I heard right.

I must have heard wrong because I didn't hear it the second time. However, I did notice that you, Camille, were one of the featured commentators.

I read your book which was great and saw Love Scorned last night. What interests me is why haven't her other ex husband's come forward just to reveal her personality.

Was it because they were scared of her or did not want to be associated with her since she is now a murderer.

Just goes to show never underestimate a stripper, they have people skills, most of us never have. There is a pending retrial in Alaska of ex stripper, Mechele Linehan, who became a suburban mom and juggled three clients.

I am a widow of 15 months and am still grieving. Majorie moved on while the investigation was ongoing and spent like the merry widow she was; which is the different between us and them; we can feel pain, while Marjorie was a hollow shell, like a lot of high maitenance women.

Isn't Marjorie somewhat of a prototype of the "contemporary woman" of today. Always have plan B, if your husband dies, leaves or divorces you, have another man on the side. Many people do this but are not murderers.

I watched 48 Hours Mystery, Deadly Women, Love Scorned, and read your fabulous book, and still find it hard to believe that Larry Weisburg was not somehow involved in this crime or had any knowledge of it.

The owner of the fitness club, said he believes that Marjorie after the extensive physical training at the gym could have committed this crime and carried Jay's body out to the desert. Majorie seemed to be very self-sufficient and handy. It was reported she was handy with tools and built a kitchen island (something a man usually does) as well as being an excellent homemaker, which indicates she was a very strong person physically and emotionally.

It is sad that she didn't put her positive sides to use instead of the evil darkness within her soul.

Jay sounded like an easygoing man who saw the best in people. Why he had a thing for strippers is amazing in itself.

Camille This story is really fascinating and odd to the average person whos life does not include dating showgirls, living in the fast lane, jetting lifestyle, amazing sexual experiences, money and much more. The mindset of both the victim, the accused perpetrator and others in their type of circle is almost impossible to analyze unless you lived it. The computer wizards who sit and type while munching a bag of Oreos and drinking a 72 oz Coke are convincing themselves that they can live vicariosly through others while fantasizing about what is like to be in their shoes. I am not voicing my opinion on guilt or innocence but I have led the lifestyle and have a clear understanding. I woudl be glad to share the inside experience with anyone on the Orbin appeal team.

I saw Scorned and the 48 Hours show...what did Marjorie say was the reason she was buying those Rubbermaid containers? Just wondering since that wasn't addressed in either show, at least I don't recall if she was asked that or not.

To d0d1eee4 (Mar 6, 2012)Many people do find the story fascinating. Can not agree that people who don't live Marjorie's lifestyle are "munching Oreos" and "living vicariously" through her. If you have information that would help her appeal, I'm sure her lawyers would love to hear from you. I wish you the best in that effort.

Anon Mar 6 9:58 amHer purported reason for buying the tubs was just for typical storage.

I personally knew Margorie for many years back in the days of her living in Florida. She was spoiled, selfish, and snotty! She always thought she was better than everyone and, never cared about anything except, money, sports cars, yachts, and getting her hair extensions for 1500.00 dollars a week. She deserves to be where she is and, in the end karma will always catch up to you. She was instrumental in the break up of my life my family and my marriage! I could write my own book on her! Not a nice girl at all!

Hair extensions did seem to play an important role for Marjorie. Some were seized at her house and she had something of a "business" in applying them to others. She wore them often. I can't understand why--she has thick, thick hair that easily grows pretty long. You can't fake these things in jail. Sorry to hear about your ordeal. Thank you for sharing your experiences here. I'm sure many will appreciate your personal insights and so do I.

Thanks so much for your response. It really is so serreal to have actually have known this woman so well and, to see where she has ended up. As I see the stories and, articles on this situation, it brings back so many memories that I can recall about her. I had a beautiful family, husband and baby at one time. I knew margorie through working in one of the clubs in South Florida as a waitress. She was involved in a dance group that would come out 3 or 4 times a night to entertain the customers. She was the cruliest woman you would ever want to meet. She had so much plastic surgery, she really did look like a Barbie doll. From her hair extensions, to her arcrylic nails, to her huge fake boobs, down to her fake tan and her fake blue contact's,he was a walking virtual doll. I then ended up in Las Vegas with my family for business reason's. Ugh there she was again straight back in the middle of my life! Fake as ever in the perfect role that she always played. Sadly my marriage ended WITH HER HELP! Shehad introduced a girl to my husband and actually used to call me on the phone to consol me, while the woman that was having an affair with my husband was on the other line listening to me cry! They both had a great laugh at that! She hurt me and, never ever cared about my feelings or what she had done to my life! She deserves to be where she is and, think about what she has done for the rest of her life! So happy that everyday that I know she is locked up where she belongs. It's all true. What a selfish gold digger she was and always will be! What goes around comes around. I look at the photographs often that I have of her from many years ago and thank god that she finally is where she belongs...... NO WHERE! She won't ever have the chance to hurt anyone else ever again. She never appreciated the wonderful things that she had so they were taken away from her, I doubt they have tanning beds where you are now! "Your not better than us anymore are you margie..... HUMPH! You rotten lying ungratful bitch! You are a liar, and always were! FAKE...FAKE...FAKE... That is all you were. Enjoy your life! You ruined mine!

After reading the last person's personal experience, and knowledge of this woman, I will now include my own. I met Larry Weisburg when I was 15 years old. He was 35: Within 2 weeks after meeting him, he convinced me to quit my pizza job, and move in with him. He boasted of being a Detroit "hitman", a college football player, and how he would win bets slamming his hardened penis in car doors! He sold drugs, and was a professional body guard. Even my dysfunctional family hated him. But, at 15...vunerable, no real home, or family, I was an easy target for him. He was good to me, and bought me clothes, packed my nose, and used my youth, and innocence relentlessly for sex. This man is no joke! He is capable of severe violence, and I have seen him in action. He is trained, and skilled in many physical advantages. Hes a big man, and I believe would not hesitate to do whatever necessary to reach an objective. I have no idea if he was involved in this man's murder. But, I can tell you. He is not a man to mess with. Im 49 now, and at 62, he is considered an old man!

I have read both books written about Marjorie and I wonder why the hair that was found in the plastic tub with jays torso wasn't tested for DNA to find out who the person was that obviously put his torso in the tub in the first place? What happened to the few strands of hair that were found with the body? Also I have written to Marjorie and I find her to be an intelligent woman that I think was framed for jays murder! I truly think that Larry forced her involvement in jays senseless murder!

I was in court and just a few feet away from prosecutor Treena Kay when she vehemently told the court she had thoroughly gone through every piece of paper generated by police in the case and had never come across any reference to these alleged hairs. If the person who allegedly took them into custody has them, he needs to turn them over to the State with some serious explaining. Otherwise, they exist only as words uttered without any accountability.

This disgusting evil cunt got exactly what she deserved and i'm doing a jig because of it. I only hope someone has a daily ritual in prison that includes beating the shit out of her every day. I love that she got hers. What a burn on the cunt. Bet she will think twice about doing something like that again....oh wait silly me, she won't be able to anyway since she's in prison for the rest of her life. I LOVE IT.

My husband and I knew this evil creature when she was in New Jersey, married to a poor schlep of a contractor... we learned from him that she hit him over the head with a heavy iron pan, attempting to kill him....he left, fearing for his life.

Her NJ plastic surgeon joked at parties about her addiction to various "procedures"...and the thousand dollars a month hair extensions...

We suppose that she'll thrive in jail, trading sex for whatever... it's a pattern that she apparently learned quite early.

If that's not a homicidal narcissist, what the heck is? Jail is a humane solution to this twisted soul. Unfortunately, the rest of us have to pay for it...

I agree with anonymous of 3/29/14. She wasn't attractive, I've even seen pictures of her when she was younger. I just never got that how the media would portray her as being beautiful. Alexis... Really? You think she was framed or is that a fake handle you are using Marjorie!!!!